Terms of Use

Last Revised 7.20.2017

THE WEBSITE TOWNWAVE.COM (THE “WEBSITE”) AND SUBDOMAINS, RELATED PLATFORMS, PRODUCTS, PLAYERS, WIDGETS, TOOLS, APPLICATIONS, DATA, SOFTWARE, API’S AND SERVICES AVAILABLE ON OR FROM THE WEBSITE (THE “SERVICES”, OR TOGETHER THE “SITE”) ARE OWNED AND OPERATED BY TOWNWAVE, INC. (HEREINAFTER REFERRED TO AS “TOWNWAVE”, “OUR”, “WE”, OR “US”).

BY ACCESSING AND USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE GENERAL TERMS OF USE, OUR COPYRIGHT POLICY, OUR PRIVACY POLICY, OUR BOOST POLICY AND OUR TRADEMARK POLICY (ALL OF WHICH ARE HEREIN COLLECTIVLY REFERRED TO AS THE “TERMS OF USE”, WHICH SET FORTH THE ENTIRE AGREEMENT PERTAINING TO YOUR USE OF THE SITE AND SERVICES, AND SUPERSEDE ALL PRIOR VERSIONS OF THE TERMS OF USE).

THESE TERMS OF USE ARE LEGALLY BINDING AGREEMENTS. IF YOU USE THE SITE AND THE SERVICES ACTING AS THE REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, COMPANY, OR ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH INDIVIDUAL OR ENTITY AND YOU GUARANTEE COMPLIANCE BY SUCH INDIVIDUAL OR ENTITY WITH THESE TERMS OF USE.

WE RESERVE THE SOLE RIGHT TO CHANGE, ALTER, REPLACE, OR MODIFY THESE TERMS OF USE AT ANY TIME. THE DATE OF LAST MODIFICATION IS STATED AT THE BEGINNING OF THESE TERMS OF USE. IT IS YOUR RESPONSIBILITY TO CHECK THE SITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS OF USE.

PLEASE READ VERY CAREFULLY OVER THE ENTIRE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE OR ANY OF THE PROVISIONS SET OUT IN ANY OF THE ABOVE MENTIONED DOCUMENTS, YOU SHOULD NOT USE THE SITE OR ANY OF THE RELATED SERVICES.

AGE RESTRICTION. The site and services are intended for persons 18 years or older. The site and services are not intended for use by children under the age of 13. Children above the age of 13 may use the site and services only with verifiable consent of a parent or legal guardian who has agreed to be bound by these Terms of Use. SOME CONTENT OF THE SITE MAY CONTAIN MATERIAL INAPPROPRIATE FOR MINORS.

Description of the Site and Services

Registered users of the site may upload audio, text, graphics, pictures, videos, clips, photos, comments, and other content, data or information (“content”), which will be stored by TownWave and may be shared and distributed by such registered users, and other users of the site, using the tools and features provided as part of the site and services accessible via the website, apps, and elsewhere. The site allows registered, as well as users who may not be registered, to interact with one another and contribute to comments, discussions, messages and any other form of interaction on the site. We may release new, or remove, services and features to the site at any time, of which will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.

Account

Access to certain services and apps are only available to registered users. You are not required to register on the site to use some features. When registering to use the site, you will provide us with your email address, password, location and other information about yourself that will be treated in accordance with our Privacy Policy. You must ensure that the email address you provide is, and remains, valid. You are solely responsible for maintaining the confidentiality and security of your username, password, and any other sensitive information given and all activity emanating from your account, whether or not such activity was authorized by you. If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify TownWave, and should change your password immediately. We reserve the right to cancel, remove, disallow or reassign certain usernames and permalinks as determined by us in our sole discretion, and may, with or without notice, suspend or terminate your account if activities occur on your account which, in our sole discretion, would or might violate these Terms of Use, an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

Use of the site

TownWave grants you a limited, non-exclusive, personal, revocable, non-assignable and non-transferable right and license to use the site and services in order to view content uploaded and posted to the website, to listen to audio content streamed from the site or apps and to share and download audio content using the features of the site where the appropriate functionality has been enabled by the user who uploaded the content (the “uploader”), subject to your strict compliance with these Terms of Use at any and all times during your use of the site and services. If you register to use the site and services, TownWave grants you a limited, non-exclusive, personal, revocable, non-assignable and non-transferable right and license, subject to your strict compliance with these Terms of Use at any and all times during your use of the site and services, to:

  1. Upload, post, or submit content to and keep such content available on the platform strictly as permitted in accordance with these Terms of Use.
  2. Communicate and interact with other users of the site and community in strict accordance with the Terms of Use.
  3. Use apps and other services provided by TownWave strictly as permitted in accordance with these Terms of Use and any other terms applicable to those apps or services.

The above licenses are conditional upon your strict compliance with these Terms of Use at any and all times during your use of the site and services, including, without limitation, the following:

  1. You may not copy, rip or capture, or attempt to copy, rip or capture, any audio or visual content from the site or any part of the site and services, other than by means of downloading or storing the content if the uploader has elected to permit downloads of the relevant item of content.
  2. You may not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute, or otherwise use or exploit any content on or from the site at any and all times, except where such content is your content at any and all times during your use of the applicable content, or as permitted under these Terms of Use, and within the parameters set by the uploader (for example, under the creative commons licenses selected by the uploader).
  3. You may not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
  4. You may not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of your content on the site, or to misrepresent your activity on the site, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions, or other automated means to register accounts, log in, add followers to your account, play content, follow or unfollow, find or unfind, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the site and services.
  5. You may not alter or remove, or attempt to alter or remove, any trademark, or copyright contained in, or appearing on, the site or any content appearing on the site (other than your content).
  6. You may not, and must not permit to any third party to, copy or adapt the object code of the site, apps or services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the site.
  7. You may not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
  8. You may not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  9. You may not stalk, exploit, threaten, abuse or otherwise harass another user.
  10. You may not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
  11. You may not sell or transfer, or offer to sell or transfer, any TownWave account to any third party.
  12. You may not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any other form of scraping.
  13. You may not violate, circumvent or attempt to violate or circumvent any data security measures employed by TownWave or any uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of TownWave’s servers, system or network or attempt to breach TownWave’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking TownWave’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of TownWave under these Terms of Use, TownWave reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
  14. You may not use the site or services to upload, post, transmit, store, display, distribute, copy, make available, promote, continue to make available or otherwise communicate to the public:
    1. any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in TownWave’s reasonable discretion;
    2. any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
    3. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in TownWave’s reasonable opinion;
    4. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
    5. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

You agree to abide by all of the above conditions at any and all times during your use of the site and services, and acknowledge and agree that TownWave has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the appropriate authorities.

Content

All content uploaded, posted, distributed or otherwise given to the site or services including graphics, pictures, clips, videos, audio, text, comments and other content (hereinafter “your content”) is controlled and owned solely by you and not TownWave. TownWave does not claim any ownership rights in your content, and you hereby acknowledge and agree that your content remains your sole responsibility. You must not upload, store, post, distribute, display or otherwise communicate to the public any content to which you do not hold the necessary rights to including any unauthorized use of copyright protected material within your content. If the content is or becomes unauthorized at any or later point that becomes an infringement of third party rights, your account may be terminated or other actions taken at the sole discretion of TownWave, and you acknowledge that infringements are strictly prohibited.

License

By uploading or posting your content to the site, you initiate an automated process to transcode any audio content and allow TownWave to keep your content on our servers, from where you may control and authorize the use, ways of distribution, transmission, public display and other communication to the public. To the extent it is necessary in order for TownWave to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use, including the distribution of advertising or other promotional material on our site and/or to enable your use of the site, you hereby grant such licenses to TownWave on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.

By uploading your content to the site, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the site and services, and to operators and users of any other websites, apps and/or platforms to which your content has been shared or embedded using the services (“linked services”), to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, make available and otherwise communicate to the public, your content utilizing the features of the site from time to time, and within the parameters set by you using the services. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the site and services with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of your content (for example, your profile picture) (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks.

The licenses granted in this section are granted separately with respect to each item of your content that you upload to the site. Licenses with respect to audio content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such content from your account. Licenses with respect to comments or other contributions that you make on the site will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.

Removal of audio content from your account will automatically result in the deletion of the relevant files from TownWave’s servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once your content is distributed to a linked dervice, TownWave is not obligated to ensure the deletion of your content from any servers or systems operated by the operators of any linked service, or to require that any user of the site or any linked service deletes any item of your content.

Any content other than your content is the property of the relevant uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the site and within the parameters set by the uploader on the site. Where you repost another user’s content, or include another user’s content in a playlist, you acquire no ownership rights whatsoever in that content. Subject to the rights expressly granted in this section, all rights in content are reserved to the relevant uploader.

Representations and Warranties

You hereby represent and warrant to TownWave:

  1. Your content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use, and (if and where relevant) to authorize TownWave to use, your content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public your content, and each and every part thereof, on, through or via the site, any and all services and any linked services.
  2. Your content on the site does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
  3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in your content in order to include their name, voice, performance or likeness in your content and to publish the same on the site and via any linked services.
  4. Your content, including any comments that you may post on the site or apps, is not and will not be unlawful, abusive, libelous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.
  5. Your content does not and will not create any liability on the part of TownWave, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. TownWave reserves the right to remove your content, suspend or terminate your access to the site and services and/or pursue all legal remedies if we believe that any of your content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

Content Liability

You hereby acknowledge and agree that TownWave:

  1. Keeps and stores content and other information as directed with request and authorization of its users
  2. Acts merely as a passive host for uploading, storage, distribution of such content, and
  3. Plays no active role and gives no assistance in the presentation or use of the content.

You are solely responsible for all of your content that you upload, post or distribute to, on or through the site or services, and TownWave excludes all liability with respect to all content (including Your content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that TownWave cannot and does not review the content created, posted or uploaded by its users, and neither TownWave nor its subsidiaries, affiliates, successors, employees, directors, officers and shareholders has any obligation to monitor the site for content that is inappropriate, does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

TownWave and its subsidiaries, affiliates, successors, employees, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the site by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the site. By using the site, you irrevocably waive the right to assert any claim with respect to any of the foregoing against TownWave or any of its subsidiaries, affiliates, successors, employees, directors, officers or shareholders.

Infringement Reporting

If you find any content on the site or apps that you believe infringes your copyright, please report it immediately using the instructions outlined in our Trademark Policy or Copyright Policy. You may also email legal@townwave.com for any concerns or inquiry’s regarding infringement.

If you discover content that infringes or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offense, or which constitutes impersonation, abuse, spam or otherwise violates these Terms of Use, please report this immediately to legal@townwave.com

Third Party Websites and Services

The site may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, linked services (hereinafter “external services”). TownWave does not have or maintain any control over external services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any external services, TownWave does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by TownWave with respect to the site and services. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these external services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any external services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using external services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any external services.

TownWave disclaims any and all responsibility or liability for any harm resulting from your use of external services, and you hereby irrevocably waive any claim against TownWave with respect to the content or operation of any external services.

Content Removal and Blocking

TownWave has no legal obligation to monitor the content on the site however, TownWave reserves the right to block, remove or delete any content at any time for any reason and without liability, including without limitation, if we have reason to believe that such content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use or applicable law, or is otherwise unacceptable to TownWave.

Uploaders have control over the content that they store or post with their account, and may remove any or all content without notice. You have no right of continued access to any particular item of content and TownWave shall have no liability in the event that you are unable to access an item of content due to its removal from the site, whether by TownWave or the relevant uploader.

Repeat Infringers

TownWave will suspend or terminate your access to the site if we determine, in our reasonable discretion, that you have repeatedly breached these Terms of Use.

If we receive a valid notification from a third party that any of your content infringes the copyright or other rights of such third party, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the site terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by TownWave at its discretion. We do not offer refunds to account holders whose accounts are terminated as a result of repeated infringement or any violation of these Terms of Use.

Disclaimer

THE SITE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS, THE SERVICES OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.

WHILE TOWNWAVE STRIVES TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE AS SOON AS POSSIBLE ONCE THEY HAVE BEEN BROUGHT TO TOWNWAVE’S ATTENTION, TOWNWAVE MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. TOWNWAVE DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SITE OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOWNWAVE DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SITE WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION.

TOWNWAVE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

Limitation of Liability

IN NO EVENT SHALL TOWNWAVE’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 DOLLARS OR THE AMOUNTS (IF ANY) PAID BY YOU TO TOWNWAVE DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

TOWNWAVE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

1. ANY LOSS OR DAMAGE ARISING FROM:

a. YOUR INABILITY TO ACCESS OR USE THE SITE OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE SITE;

b. ANY CHANGES THAT TOWNWAVE MAY MAKE TO THE SITE OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SITE OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;

c. ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE SITE, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY TOWNWAVE OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SITE;

d. ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;

e. YOUR FAILURE TO PROVIDE TOWNWAVE WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD CONFIDENTIAL;

f. ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE SITE, ESPECIALLY IN BREACH OF THE AGREEMENT;

2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR

3. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF TOWNWAVE BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND TOWNWAVE AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE MUST BE NOTIFIED TO TOWNWAVE IMMEDIATELY.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TOWNWAVE AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND TOWNWAVE, AND THAT TOWNWAVE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF TOWNWAVE, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS:

1. FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE,

2. FOR ANY FORM OF FRAUD OR DECEIT,

3. FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR

4. FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

Indemnification

You hereby agree to indemnify, defend and hold harmless TownWave, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

  1. any violation by you of these Terms of Use;
  2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of your content on the site, and/or your making available thereof to other users of the site, and/or the actual use of your content by other users of the site or linked services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of your content;
  3. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of TownWave.

Data Protection, Privacy and Cookies

All personal data that you provide to us in connection with your use of the site is collected, stored, used and disclosed by TownWave in accordance with our Privacy Policy. In addition, like most online services, we use cookies to help us understand how people are using the site, so that we can continue to improve the service we offer. If you do not block or disable cookies, you will be giving consent for TownWave to use cookies and other technologies to gather information for our use. If you do not consent to the use of these technologies, please block or disable cookies from our website using your browser settings. By accepting these Terms of Use and using the site, you also accept the terms of the Privacy Policy.

Collaborations

TownWave does not sponsor, oversee or in any way control users who meet up to collaborate. You hereby acknowledge and agree that your attendance and participation in any collaboration effort meeting is entirely at your own risk and TownWave does not bear any responsibility or liability for the actions of any TownWave users or any third parties who organize, attend or are otherwise involved in such meetings.

Players and Widget

The site includes access to players (“players”), and an embeddable version of the TownWave player (“widget”) for incorporation into users’ own sites, third party sites or social media profiles, whether or not a linked service. This functionality is provided to enable uploaders to put their content wherever they wish, and to enable other users of the site to share and distribute content within the parameters set by the uploader.

You may not use the players or the widget in such a way that you aggregate content from the site into a separate destination that replicates the offering of the Website, or comprises a content service of which content from the site forms a material part. Similarly, you may not, without the prior written consent of TownWave, use the players or the widget to embed content into any website or other destination dedicated to a particular artist (except where the relevant content is your content and you are the person or are authorized to represent the person to whom the site or destination is dedicated), or to a particular genre. You may not use the players or widget in any way that suggests that TownWave or any artist, audio creator or other third party endorses or supports your website, or your use of the players or widget. The foregoing shall apply whether such use is commercial or non-commercial.

TownWave reserves the right to block your use of the players and the widget at any time and for any reason in its sole discretion.

Subscription and Gift Codes

The purchase of a Boost and gift codes related to a Boost is subject to additional terms in the Boost Policy. The Boost Policy Terms include, amongst other things, terms relating to payment, the conclusion, money back, cancellation policy, and certain technical usage limitations. The Boost Policy Terms are applicable to users in addition to these general Terms of Use when they purchase a Boost.

Changes to the Site, Account and Pricing

TownWave reserves the right, at any time and for any reason, to suspend, discontinue, terminate or cease providing access to the site or any part thereof, temporarily or permanently. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, TownWave shall use its reasonable endeavors to notify registered users of such decision in advance.

You hereby agree that TownWave and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any services that TownWave may wish to make from time to time, or for any decision to suspend, discontinue or terminate the site, the services or any part or parts thereof.

TownWave may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its services from time to time. In the event of any increase in the price or material reduction in the features of any service which you have purchased, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your service. In all other cases, where TownWave proposes to make changes to any type of service you have purchased, and these changes are material and to your disadvantage, TownWave will notify you of the proposed changes by sending a message to your TownWave account and/or an email to the then current email address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the site following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your subscription.

Termination

You may terminate this Agreement at any time by emailing support@TownWave.com from the email we have on file requesting account termination and thereafter by ceasing to use the site. If you have a Boost, and terminate this Agreement before the end of such Boost, we are unable to offer any refund for any unexpired period of your Boost.

TownWave may suspend your access to the site and/or terminate this Agreement at any time if:

  1. You are deemed to be a repeat infringer as described above;
  2. You are in breach of any of the material provision of these Terms of Use, or,
  3. In other reasonable circumstances as determined by TownWave at its discretion.

If you have a Boost and your account is suspended or terminated by TownWave pursuant to (1) or (2) above, you will not be entitled to any refund for any unexpired period of your Boost. If your account is terminated pursuant to (3), refunds may be payable at the reasonable discretion of TownWave.

Once your account has been terminated, any and all content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your songs), will be irretrievably deleted by TownWave, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as TownWave assumes no liability for any material that is irretrievably deleted following any termination of your account. TownWave is not able to provide you with any file of data relating to activity associated with your account, whether before or after termination or cancellation.

If you access the site via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, please visit the FAQs page for the instructions on how to do so. The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement.

Assignment to Third Parties

TownWave may assign its rights and its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of TownWave. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of TownWave.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Entire Agreement

These Terms of Use, together with the Trademark Policy, Privacy Policy and Copyright Policy, constitute the entire agreement between you and TownWave with respect to your use of the site (other than any use of TownWave’s APIs which may also be subject to separate [API Terms of Use]), and supersede any prior agreement between you and TownWave.

Guidelines

If you use some else’s content in a remix or similar work, it is your responsibility to ensure you have the necessary permission to upload and use the content on TownWave or else the content is liable to be removed or your account terminated.

TownWave is an open community of people from different backgrounds and different beliefs. We support the freedom of speech and for individuals to express themselves however we have a strict policy of respect regarding a couple of topics:

  1. Absolutely no bullying. If we find that you have abusive or threatening behavior on the site, this activity risks immediate and permanent termination of your account. Abuse can be anything related to the intent to attack, demean, or otherwise hurt or harm someone.
  2. Privacy matters. Do not for any reason disclose personal information of any TownWave user or another person or entity without their permission. This includes phone numbers, photographs, conversations, email addresses and other personal information.
  3. Criticize constructively. Criticism can be one of the best things an artist can receive. Harmful criticism will not help anyone and is considered bullying. Criticism should be focused on the music or the content and not on an individual. Be courteous and helpful and do not post your opinion if it is not constructive.
  4. Over-promotion. We understand as an artist you may feel the need to promote and share at large volumes with as many users as possible however there are some restrictions that apply for the sake of our users and friendly environment. Do not post identical or almost identical content in large volumes. Do not repeatedly follow or find large volumes of accounts in a short period of time. Do not follow and unfollow, like and unlike or find and unfind any artist, track, or content repeatedly in order to gain attention to your account. Do not share content repeatedly or in large volumes in a short period of time as to spam users. Any of these actions can be used, at the discretion of TownWave, to rightfully terminate or suspend your account.
  5. No Pornography. TownWave can be accessed by children as young as 13 years old so pornography is strictly prohibited. Any content that is predominantly sexual in nature, or that could be perceived as an aid to sexual gratification is not allowed. This includes, but is not limited to, content that includes nudity and or detailed descriptions or recordings of sexual acts.
  6. No Hate Speech. We welcome you to share your opinions and beliefs, even if they might be controversial, or challenge the status-quo, however we will not tolerate any content that promotes hatred, discrimination or violence against others based on things such as race, culture, ethnic background, religion, disability, gender identity, or sexual orientation.
  7. Spam. We like TownWave to be a spam-free site in which we do not allow certain activities that our users might interpret as spam. This includes posting unsolicited commercial links or advertisements, creating multiple accounts, creating fake accounts or use or promote bots or other automated means to perform social interactions or boost profile’s popularity such as finds, followers, plays, comments and posts.

It is possible that you may come across content that you might feel is distasteful or disagree with and the best thing to do is block that user and ignore it. If the content crosses the line or is against anything stated in these Terms of Use, violates any rights, violates these guidelines and rules or violates any applicable law please notify us at legal@TownWave.com.

If you break the rules stated in these guidelines, Terms of Use or any other applicable terms, you will receive a warning. If you are a repeat infringer of these policies, or in certain cases on the first warning, TownWave reserves the right, in its sole discretion, to terminate your account immediately and without notice.

You can not use the identity, stage name, or impersonate another person or entity on TownWave whether the intention is to mislead, pretend, or associate with another person or entity. If you feel that someone is infringing upon your trademark rights notify us at legal@TownWave.com.

Disclosure

The services hereunder are offered by TownWave, Inc., a company incorporated under the laws of Texas and with its main place of business at 2212 31st St. Lubbock Texas, 79411. More information about TownWave is available on our about page. You may contact us by sending correspondence to the foregoing address or by emailing us at legal@TownWave.com. If you are a resident of the State of California, you may have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use.

Privacy Policy

Last revised 7.20.2017

THE WEBSITE TOWNWAVE.COM (THE “WEBSITE”) AND RELATED PLATFORMS, PRODUCTS, PLAYERS, WIDGETS, TOOLS, APPLICATIONS, DATA, SOFTWARE, API’S AND SERVICES AVAILABLE ON OR FROM THE SITE (THE “SERVICES” OR TOGETHER THE “SITE”) ARE OWNED AND OPERATED BY TOWNWAVE, INC. (HEREINAFTER REFERRED TO AS “TOWNWAVE”, “OUR”, “WE”, OR “US”).

Registered users may post music, sound recordings, musical works, compositions, videos, photographs, pictures, graphics, names, likeness, images, biographical information, and other information or materials owned and/or created by them and can view each other's profiles ("Profiles"), communicate with each other, share photos, post comments, and describe their interests. Registered users can change their Profile information at any time and can control how other users and the Site communicates with them.

TownWave cares about online privacy and wants you to know how we collect, use and share and protect information about you and the choices you have regarding our use of your information. If you have any questions concerning this Privacy Policy, please email us at legal@TownWave.com. We may change or add to this Privacy Policy from time-to-time, so we encourage you to review it periodically.

The privacy policy explains how we use, store, disclose your information when you use the Site and services. By using the Site, apps or any of the services, and in particular by registering a TownWave account, you are consenting to the use of your information in the manner set out in this privacy policy. If you do not agree to any of the provisions of this privacy policy, you should not use the site or services.

TownWave is not responsible for the privacy practices of other websites, apps and services that you may come across links to on the Site and we recommend that you review the privacy policies of each of these websites, apps or services before connecting your TownWave account or sharing any personal data.

Scope

This Privacy Policy applies to the collection of personal information from users of the Site, including any updated and new products or services that may be offered in the future by TownWave. It relates to information we collect from you, including personally identifying information and information that does not identify you personally. Personally identifying information may include, for example, some or all of the following: your name, artist name, location, mailing address, email address, phone number, passwords, user name and password, and demographic information.

Information Collected and Used

As is standard practice on many websites, TownWave also logs non-personally-identifiable information, including IP address, profile information, aggregate user data, and browser type, from the Site. This data is used to improve the website services, to analyze trends, to administer the Site, to track users' movements around the Site and to gather demographic information about our user base as a whole. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to users. User IP addresses are recorded for security and monitoring purposes.

In addition, TownWave uses pixel tags to tell us what parts of the Site have been visited or to measure the effectiveness of searches customers perform on the Site. Pixel tags also enable us to send email messages in a format that customers can read. And they tell us whether emails have been opened to assure that we are only sending messages that are of interest to our users.

User Profile information, including users’ pictures, names and, where applicable, artist names, are displayed to people in order to facilitate user interaction in the TownWave social networking community.

TownWave may also use a user’s email address to send updates, a newsletter or news regarding the Services. TownWave may send email messages which use a "click-through URL" linked to content on the Site. When a user clicks one of these URLs, they pass through our web server before arriving at the destination web page. TownWave tracks this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

From time to time, TownWave or a partner may sponsor an opportunity, promotion, or contest through the Site. Users may be asked to provide personal information including name, artist name, email address or home address or to answer questions in order to participate. TownWave may transfer personal information to certain advertising partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.

TownWave may also collect information for market research purposes to gain a better understanding of our customers and thus provide a more valuable service. TownWave also collects information regarding customer activities on our Site, and on related websites. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites and Internet services are of most interest to them.

When you access our sites or use or applications, we may receive information about the location of your device or computer. We use this information to develop, deliver, and improve our products, services, and other offerings.

Cookies

TownWave uses cookies to store users' preferences and to record session information, for purposes including:

1. Ensuring that visitors are not repeatedly offered the same advertisements, to customize newsletter, advertising and content based on browser type and user profile information;

2. To track usage to help us understand which parts of our website are most popular, where our visitors are going, and how much time they spend there;

3. To make usage of our website even more rewarding as well as to study the effectiveness of our customer communications, and

4. To customize each visitor's experience and provide greater convenience.

Interactions

Please note that voluntarily posting public information as comments, messages, or any other Public Forum, that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. We are not responsible for the personal information you choose to submit and make publicly available on the Site. Make sure you do not post or upload any content that you do not wish the public to see or use.

Facebook

TownWave will have you sign up and log in using your Facebook account. When you sign up using Facebook, Facebook will ask your permission to share certain information from your Facebook account with TownWave. This includes your first name, last name, email address in order for us to verify your identity and gender, general location, a link to your Facebook profile, your timezone, birthday, profile picture, your "likes" and your list of friends.

This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy. You can control the information that we receive from Facebook using the privacy settings in your Facebook account. You will be given the option to share your TownWave activity with your Facebook friends, however you do not have to. TownWave registered users may modify or remove any of the personal information contained in their Profile at any time by logging into their account and going to the settings page.

Notifications

Users who no longer wish to receive promotional messages or updates may choose not to by opting-out. To opt-out, simply log-in to your user Account, and change your notification settings in the settings page to disable the notification emails you no longer wish to receive. All notification emails and TownWave newsletters also include the above instructions for opting-out of those communications in the future. Note that users who have opted-out of promotional messages or updates may still receive email messages from TownWave where necessary to provide a service you have requested or where necessary to inform you of critical information relating to your use of the Site.

Security

TownWave user accounts are secured by Facebook Login. TownWave takes precautions to ensure that account information is kept private. TownWave uses reasonable measures such as encryption to protect private information that is stored within our database against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction, and we restrict access to such private information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff.

Sharing and Disclosure of Information

Except as otherwise described in this Privacy Policy, TownWave will not disclose personal information to any third party unless it believes that disclosure is necessary:

1. To conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by TownWave, whether or not a response is required by applicable law;

2. To enforce the Terms of Use or to protect our rights; or

3. To protect the safety of members of the public and users of the Services.

TownWave reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of TownWave or substantially all of its assets to that successor in interest. We take your privacy very seriously and we will not sell or rent your contact information to other marketers. To help us provide superior service, your personal information may be shared internally within TownWave. There are also times when TownWave may make certain personal information about you available to companies that TownWave has a strategic relationship with or that perform work for TownWave to provide products and services to you on our behalf. For example, these companies may help us process information, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with TownWave’s policies. Without such information being made available, it would be difficult for you to purchase products, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on the Site.

Privacy of Children

This Site and our Services are oriented toward a general audience and intended for adults only. We do not knowingly collect personally identifiable information from those under the age of thirteen (13). If you believe that we have inadvertently collected personally identifiable information from a person under thirteen (13), please contact us so that we can investigate and take any necessary remedial measures.

International Users

TownWave is a website operated from the United States by a company headquartered in the United States. If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States and governed by applicable U.S. laws and regulations and this Privacy Policy. By using the site, you consent to this transfer and the processing of your data (personal or otherwise) in accordance with U.S. laws and regulations and this Privacy Policy. The applicable laws in the United States regarding the processing of data (personal or otherwise) may be less stringent than the laws in your country.

Changes

From time to time TownWave may make changes to our Privacy Policy. The most recent version of the Privacy Policy will be posted on our Site, with the date of the last revision posted at the top of the Policy. If we make any material changes to our Privacy Policy or how we handle your personal information, you will know because the last revised date of the Privacy Policy will change. If we make a significant or material change in the way we use your personally identifying information, we will post a more prominent notice (including, for certain services, email notification of privacy policy changes where possible) in advance of any such change for thirty (30) days where feasible. A user is bound by any minor changes to the Privacy Policy when she or he uses the Site after those changes have been posted.

Disclosure

The services hereunder are offered by TownWave, Inc., a company incorporated under the laws of Texas and with its main place of business at 2212 31st St. Lubbock Texas, 79411. More information about TownWave is available on our about page. You may contact us by sending correspondence to the foregoing address or by emailing us at legal@TownWave.com. If you are a resident of the State of California, you may have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use.

Trademark Policy

Last revised 7.20.2017

THE WEBSITE TOWNWAVE.COM (THE “WEBSITE”) AND RELATED PLATFORMS, PRODUCTS, PLAYERS, WIDGETS, TOOLS, APPLICATIONS, DATA, SOFTWARE, API’S AND SERVICES AVAILABLE ON OR FROM THE SITE (THE “SERVICES” OR TOGETHER THE “SITE”) ARE OWNED AND OPERATED BY TOWNWAVE, INC. (HEREINAFTER REFERRED TO AS “TOWNWAVE”, “OUR”, “WE”, OR “US”).

Registered users may post music, sound recordings, musical works, compositions, videos, photographs, pictures, graphics, names, likeness, images, biographical information, and other information or materials owned and/or created by them and can view each other's profiles ("Profiles"), communicate with each other, share photos, post comments, and describe their interests. Registered users can change their Profile information at any time and can control how other users and the Site communicates with them.

TownWave cares about online privacy and wants you to know how we collect, use and share and protect information about you and the choices you have regarding our use of your information. If you have any questions concerning this Privacy Policy, please email us at legal@TownWave.com. We may change or add to this Privacy Policy from time-to-time, so we encourage you to review it periodically.

The privacy policy explains how we use, store, disclose your information when you use the Site and services. By using the Site, apps or any of the services, and in particular by registering a TownWave account, you are consenting to the use of your information in the manner set out in this privacy policy. If you do not agree to any of the provisions of this privacy policy, you should not use the site or services.

TownWave is not responsible for the privacy practices of other websites, apps and services that you may come across links to on the Site and we recommend that you review the privacy policies of each of these websites, apps or services before connecting your TownWave account or sharing any personal data.

Scope

This Privacy Policy applies to the collection of personal information from users of the Site, including any updated and new products or services that may be offered in the future by TownWave. It relates to information we collect from you, including personally identifying information and information that does not identify you personally. Personally identifying information may include, for example, some or all of the following: your name, artist name, location, mailing address, email address, phone number, passwords, user name and password, and demographic information.

Information Collected and Used

As is standard practice on many websites, TownWave also logs non-personally-identifiable information, including IP address, profile information, aggregate user data, and browser type, from the Site. This data is used to improve the website services, to analyze trends, to administer the Site, to track users' movements around the Site and to gather demographic information about our user base as a whole. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to users. User IP addresses are recorded for security and monitoring purposes.

In addition, TownWave uses pixel tags to tell us what parts of the Site have been visited or to measure the effectiveness of searches customers perform on the Site. Pixel tags also enable us to send email messages in a format that customers can read. And they tell us whether emails have been opened to assure that we are only sending messages that are of interest to our users.

User Profile information, including users’ pictures, names and, where applicable, artist names, are displayed to people in order to facilitate user interaction in the TownWave social networking community.

TownWave may also use a user’s email address to send updates, a newsletter or news regarding the Services. TownWave may send email messages which use a "click-through URL" linked to content on the Site. When a user clicks one of these URLs, they pass through our web server before arriving at the destination web page. TownWave tracks this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

From time to time, TownWave or a partner may sponsor an opportunity, promotion, or contest through the Site. Users may be asked to provide personal information including name, artist name, email address or home address or to answer questions in order to participate. TownWave may transfer personal information to certain advertising partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.

TownWave may also collect information for market research purposes to gain a better understanding of our customers and thus provide a more valuable service. TownWave also collects information regarding customer activities on our Site, and on related websites. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites and Internet services are of most interest to them.

When you access our sites or use or applications, we may receive information about the location of your device or computer. We use this information to develop, deliver, and improve our products, services, and other offerings.

Cookies

TownWave uses cookies to store users' preferences and to record session information, for purposes including:

1. Ensuring that visitors are not repeatedly offered the same advertisements, to customize newsletter, advertising and content based on browser type and user profile information;

2. To track usage to help us understand which parts of our website are most popular, where our visitors are going, and how much time they spend there;

3. To make usage of our website even more rewarding as well as to study the effectiveness of our customer communications, and

4. To customize each visitor's experience and provide greater convenience.

Interactions

Please note that voluntarily posting public information as comments, messages, or any other Public Forum, that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. We are not responsible for the personal information you choose to submit and make publicly available on the Site. Make sure you do not post or upload any content that you do not wish the public to see or use.

Facebook

TownWave will have you sign up and log in using your Facebook account. When you sign up using Facebook, Facebook will ask your permission to share certain information from your Facebook account with TownWave. This includes your first name, last name, email address in order for us to verify your identity and gender, general location, a link to your Facebook profile, your timezone, birthday, profile picture, your "likes" and your list of friends.

This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy. You can control the information that we receive from Facebook using the privacy settings in your Facebook account. You will be given the option to share your TownWave activity with your Facebook friends, however you do not have to. TownWave registered users may modify or remove any of the personal information contained in their Profile at any time by logging into their account and going to the settings page.

Notifications

Users who no longer wish to receive promotional messages or updates may choose not to by opting-out. To opt-out, simply log-in to your user Account, and change your notification settings in the notifications tab of the settings page to disable the notification emails you no longer wish to receive. All notification emails and TownWave newsletters also include the above instructions for opting-out of those communications in the future. Note that users who have opted-out of promotional messages or updates may still receive email messages from TownWave where necessary to provide a service you have requested or where necessary to inform you of critical information relating to your use of the Site.

Security

TownWave user accounts are secured by Facebook Login. TownWave takes precautions to ensure that account information is kept private. TownWave uses reasonable measures such as encryption to protect private information that is stored within our database against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction, and we restrict access to such private information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff.

Sharing and Disclosure of Information

Except as otherwise described in this Privacy Policy, TownWave will not disclose personal information to any third party unless it believes that disclosure is necessary:

1. To conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by TownWave, whether or not a response is required by applicable law;

2. To enforce the Terms of Use or to protect our rights; or

3. To protect the safety of members of the public and users of the Services.

TownWave reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of TownWave or substantially all of its assets to that successor in interest. We take your privacy very seriously and we will not sell or rent your contact information to other marketers. To help us provide superior service, your personal information may be shared internally within TownWave. There are also times when TownWave may make certain personal information about you available to companies that TownWave has a strategic relationship with or that perform work for TownWave to provide products and services to you on our behalf. For example, these companies may help us process information, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with TownWave’s policies. Without such information being made available, it would be difficult for you to purchase products, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on the Site.

Privacy of Children

This Site and our Services are oriented toward a general audience and intended for adults only. We do not knowingly collect personally identifiable information from those under the age of thirteen (13). If you believe that we have inadvertently collected personally identifiable information from a person under thirteen (13), please contact us so that we can investigate and take any necessary remedial measures.

International Users

TownWave is a website operated from the United States by a company headquartered in the United States. If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States and governed by applicable U.S. laws and regulations and this Privacy Policy. By using the site, you consent to this transfer and the processing of your data (personal or otherwise) in accordance with U.S. laws and regulations and this Privacy Policy. The applicable laws in the United States regarding the processing of data (personal or otherwise) may be less stringent than the laws in your country.

Changes

From time to time TownWave may make changes to our Privacy Policy. The most recent version of the Privacy Policy will be posted on our Site, with the date of the last revision posted at the top of the Policy. If we make any material changes to our Privacy Policy or how we handle your personal information, you will know because the last revised date of the Privacy Policy will change. If we make a significant or material change in the way we use your personally identifying information, we will post a more prominent notice (including, for certain services, email notification of privacy policy changes where possible) in advance of any such change for thirty (30) days where feasible. A user is bound by any minor changes to the Privacy Policy when she or he uses the Site after those changes have been posted.

Disclosure

The services hereunder are offered by TownWave, Inc., a company incorporated under the laws of Texas and with its main place of business at 2212 31st St. Lubbock Texas, 79411. More information about TownWave is available on our about page. You may contact us by sending correspondence to the foregoing address or by emailing us at legal@TownWave.com. If you are a resident of the State of California, you may have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use.

Boost Policy

Last revised 7.20.2017

Certain features of the site and services are only available to users who pay for a “Boost” (“Boost”). There are some additional terms that apply to the Boost holders, and to gift codes for a Boost, including, amongst other things, terms relating to payment, the conclusion and renewal of your contract, money-back, cancellation policy, and certain technical usage limitations.

A detailed description of our Boost, including the prices and the features associated with the Boost, is available on our pricing page. Selecting to Boost and submitting your payment information is an offer to conclude a contract. The contract itself is not concluded until you receive confirmation from us or until we activate your Boost.

Once your payment has been received, your Boost will be activated, and we will send confirmation by email to the address provided.

The contract for your Boost is concluded when you receive our confirmation email (or when we activate your Boost, if this happens first), not when you make your payment.

Fees for a Boost are payable in advance and will be taken at the time the contract is concluded as described above. Payment will be made through a third party vendor, Stripe. You will be able to use any credit or debit card that Stripe accepts. Stripe is certified to PCI Service Provider Level 1, the most stringent level of certification. None of your payment information will be stored on any of TownWave’s servers. To find out more about how stripe works, visit www.stripe.com/us/features

A Boost is priced by geographically organized supply and demand algorithms. You understand these prices will fluctuate time to time.

Hello! Write to Us and we will send you a message within 24 hours!

-TownWave Team